Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The indicated allowability of claims 1-8 and 16-20 is withdrawn in view of the newly discovered reference to Imoto et al (US 2016/0018655). Rejections based on the newly cited reference(s) follow.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on May 12, 2026 has been considered by the examiner.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-8 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Shearman et al (US 2016/0037849) in view of Imoto et al (US 2016/0018655) and Tempel et al (US 2017/0102546).
As per claim 1 Shearman et al discloses: A head-mountable display device 100, comprising:
a housing 110 defining a front opening 112 and a rear opening 111 {figures 1-3 & 5};
a curved transparent cover 130 overlying the front opening 112 and configured to allow a first light to { [0026] For example, the primary visor 130 can include a transparent face shield pivotably coupled to the shell 110 by a hinge mechanism at each outer lateral side of the shell 110.};
a display assembly 140 disposed in the rear opening 111 and configured to project a second light in a second direction towards a user's eyes opposite the first direction {figure 6};
a securement band 147 coupled to the housing 110 { figure 3 & [0055] The helmet system 100 can further include a latch 147 coupled to the secondary visor and extending to an exterior surface of the shell 110.}; and
Regarding claim 1 Shearman et al is silent as to: allowing a first light to pass through in a first direction With respect to claim 1 Imoto et al discloses: a front cover 250/315/610 configured allow a first light to {figures 8a & 10-14}.
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to provide the head-mountable device of Shearman et al with a front cover configured to allow a first light to pass through in a first direction as taught by Imoto et al The rationale is as follows: one of ordinary skill in the art at the time the invention was effectively filed would have been motivated to provide a head-mountable device with a front cover configured to allow a first light to pass through in a first direction so that “the outside information is information indicating that an outside person has approached the user, the outside person who has approached can recognize that the user is not yet paying attention to him or her, and thus can notify the user of outside information indicating that he or she wants to communicate with the user by reacting in another way, for example, making a specific gesture to the user.” See [0178] of Imoto et al.
Regarding claim 1 Shearman et al is silent as to: a facial interface extending from the housing and configured to contact a user's face. With respect to claim 1 Tempel et al discloses: figure 1 & [0021] In operation, the user places the support portion 105 on the back of his or her head and adjusts the strap 104 in order to position the proximal end portion 112b of the display housing 110 snugly against the user's face generally around and in front of the user's eyes.
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to provide the head-mountable device of Shearman et al with a facial interface extending from the housing and configured to contact a user's face as taught by Tempel et al. The rationale is as follows: one of ordinary skill in the art at the time the invention was effectively filed would have been motivated to provide a head-mountable device with a facial interface extending from the housing and configured to contact a user's face so that the housing fit “snugly against the user's face”. See [0021] of Tempel et al.
As per claim 2 Shearman et al discloses: The head-mountable display device 100 of claim 1, wherein:
the display assembly 140 is a first display assembly comprising a first display screen 141; and
the head-mountable display device 100 further comprises a second display assembly disposed in the rear opening 111 and including a second display screen 142 {figures 1-8}.
As per claim 3 Shearman et al discloses: The head-mountable display device 100 of claim 2, further comprising:
a first camera 151 disposed adjacent the first display screen 141; and
a second camera 150 disposed adjacent the second display screen 142.
As per claim 4 Shearman et al discloses: The head-mountable display device 100 of claim 1, further comprising housing 110 between the front opening 112 and the rear opening 111.
Regarding claims 4 and 20 Shearman et al is silent as to: a first button depressible. With respect to claims 4 and 20 Tempel et al discloses: [0032] The control member 244 is configured to move along a groove, a channel or an opening 445 in a frame 441. A grooved surface 446 surrounds the opening 445. As described in further detail below in reference to FIGS. 5A and 5B, the control member 244 can comprise an actuatable button surrounded by a grooved surface configured to engage the grooved surface 446 surrounding the opening 445, thereby inhibiting movement of the control member 244 within the opening 445 unless the control member 244 is actuated inward relative to the display housing 110 (FIGS. 1 and 2A-2C).
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to provide the head-mountable display device of Shearman et al with a first button depressible as taught by Tempel et al. The rationale is as follows: one of ordinary skill in the art at the time the invention was effectively filed would have been motivated to provide a head-mountable display device with a first button depressible so as to move lenses for the user. See [0027] of Tempel et al.
As per claim 5 Shearman et al discloses: The head-mountable display device 100 of claim 1 further comprising housing 110 between the front opening 112 and the rear opening 111.
Regarding claim 5 Shearman et al is silent as to: a second button depressible. With respect to claim 5 Tempel et al discloses: [0032] The control member 244 is configured to move along a groove, a channel or an opening 445 in a frame 441. A grooved surface 446 surrounds the opening 445. As described in further detail below in reference to FIGS. 5A and 5B, the control member 244 can comprise an actuatable button surrounded by a grooved surface configured to engage the grooved surface 446 surrounding the opening 445, thereby inhibiting movement of the control member 244 within the opening 445 unless the control member 244 is actuated inward relative to the display housing 110 (FIGS. 1 and 2A-2C).
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to provide the head-mountable display device of Shearman et al with a button depressible as taught by Tempel et al. The rationale is as follows: one of ordinary skill in the art at the time the invention was effectively filed would have been motivated to provide a head-mountable display device with a button depressible so as to move lenses for the user. See [0027] of Tempel et al. Additionally, a skilled artisan providing a second button, which is well within the purview of a skilled artisan and absent an unobvious result, would have been obvious because it is mere duplication of known parts and providing a second button allows for independent movement of the lenses taught by Tempel et al.
As per claim 6 Shearman et al discloses: The head-mountable display device 100 of claim 1, further comprising a speaker 118 {figure 4}.
As per claim 7 Shearman et al discloses: The head-mountable display device 100 of claim 6, wherein a curvature of the curved transparent cover 130 is configured to follow contours of a user's face {figures 1-3 & 5}.
As per claim 8 Shearman et al discloses: The head-mountable display device 100 of claim 1, further comprising display assembly 140.
Regarding claim 8 Shearman et al is silent as to: an interpupillary adjustment mechanism configured to adjust the display assembly. With respect to claim 8 Tempel et al discloses: [0025] In certain embodiments, the input device 240 can be adjusted to move the lenses 274 so that the second distance D2 substantially corresponds to the user's interpupillary distance (IPD)—a distance between the centers of each of the user's pupils.
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to provide the head-mountable display device of Shearman et al with an interpupillary adjustment mechanism as taught by Tempel et al. The rationale is as follows: one of ordinary skill in the art at the time the invention was effectively filed would have been motivated to provide a head-mountable display device with an interpupillary adjustment mechanism so as to move lenses for the user. See [0027] of Tempel et al.
Regarding claim 17 Shearman et al is silent as to: The head-mountable electronic device of claim 16, further comprising an adjustable securement mechanism extending rearward from the housing 110. Regarding claim 18 Shearman et al is silent as to: The head-mountable electronic device of claim 17, wherein the adjustable securement mechanism comprises a flexible band. With respect to claims 17 and 18 Tempel et al discloses: an adjustable securement mechanism 104 extending rearward from the housing 110 and comprising a flexible band { [0021] In operation, the user places the support portion 105 on the back of his or her head and adjusts the strap 104 in order to position the proximal end portion 112b of the display housing 110 snugly against the user's face generally around and in front of the user's eyes. }
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to provide the head-mountable display device of Shearman et al with an adjustable securement mechanism extending rearward from the housing and comprising a flexible band as taught by Tempel et al. The rationale is as follows: one of ordinary skill in the art at the time the invention was effectively filed would have been motivated to provide a head-mountable display device with an adjustable securement mechanism extending rearward from the housing and comprising a flexible band so that the housing fits “snugly against the user’s face”. See [0021] of Tempel et al.
Regarding claim 19 Shearman et al is silent as to: The head-mountable electronic device of claim 18, wherein the flexible band includes a woven textile material. With respect to claim 19: Official notice is taken of the fact that a woven textile material is notoriously old and well known in the fabric art.
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to provide the head-mountable display device of Shearman et al with a woven textile material as taught in the art. The rationale is as follows: one of ordinary skill in the art at the time the invention was effectively filed would have been motivated to provide a head-mountable display device with woven textile material so as to provide a cost-effective and easily manufactured strap so as to secure a display device to a user head.
Regarding claim 20 Shearman et al is silent as to: The head-mountable electronic device of claim 16, further comprising a button depressible relative to the housing and disposed between the light seal and the front cover. With respect to claim 20 Tempel et al discloses: a button 240 depressible relative to the housing and disposed between the light seal and the front cover { [0022] The display housing 110 contains a pair of spaced apart optical assemblies 270 (referred to individually as a first optical assembly 270a and a second optical assembly 270b) coupled to a lens movement assembly 250 (FIG. 2A) configured to move at least a portion of the individual optical assemblies 270 relative to the display housing 110 in response to user input received at an input device 240 to adjust the position of one or both of the optical assemblies relative to a user's eyes.}
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to provide the head-mountable display device of Shearman et al with a button depressible relative to the housing and disposed between the light seal and the front cover as taught by Tempel et al. The rationale is as follows: one of ordinary skill in the art at the time the invention was effectively filed would have been motivated to provide a head-mountable display device with a button depressible relative to the housing and disposed between the light seal and the front cover so as to provide the user with a physical mechanical button for making a selection.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Shearman et al (US 2016/0037849) in view of Imoto et al (US 2016/0018655).
As per claim 16 Shearman et al discloses: A head-mountable electronic device, comprising:
a housing 110 defining an internal volume 111 and a front opening 112 {figures 1-3 & 5};
a front cover 130 including a curved transparent material disposed in the front opening 112 and configured to { [0026] For example, the primary visor 130 can include a transparent face shield pivotably coupled to the shell 110 by a hinge mechanism at each outer lateral side of the shell 110.};
a display assembly 140 disposed in the internal volume 111 and configured to project light in a second direction towards a user's eyes opposite the first direction {figure 6}; and
a light seal extending from the housing 110 and at least partially surrounding the display assembly 140 {figures 1-3 & 5}.
Regarding claim 16 Shearman et al is silent as to: allowing a first light to pass through in a first direction. With respect to claim 16 Imoto et al discloses: a front cover 250/315/610 configured allow a first light to {figures 8a & 10-14}.
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to provide the head-mountable device of Shearman et al with a front cover configured to allow a first light to pass through in a first direction as taught by Imoto et al The rationale is as follows: one of ordinary skill in the art at the time the invention was effectively filed would have been motivated to provide a head-mountable device with a front cover configured to allow a first light to pass through in a first direction so that “the outside information is information indicating that an outside person has approached the user, the outside person who has approached can recognize that the user is not yet paying attention to him or her, and thus can notify the user of outside information indicating that he or she wants to communicate with the user by reacting in another way, for example, making a specific gesture to the user.” See [0178] of Imoto et al.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID D DAVIS whose telephone number is (571)272-7572. The examiner can normally be reached Monday - Friday, 8 a.m. - 4 p.m..
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/DAVID D DAVIS/Primary Examiner, Art Unit 2627
DDD
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